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Scharfschwerdt accepts plea in second molestation case

St. Augustine businessman still appealing prior conviction

James Howard Scharfschwerdt stands next to his defense attorney Jill Barger while appearing in front of Judge Michael Traynor's courtroom on Friday afternoon, March 15, 2013. By DARON DEAN, daron.dean@staugustine.com

Former St. Augustine boat financier and Vero Beach law enforcement officer James Scharfschwerdt was handed an additional 15-year prison sentence Friday on a molestation charge.

Scharfschwerdt, 55, is already serving a life sentence for his conviction on three counts of lewd or lascivious sexual battery on minor 12-16 years old on Dec. 11, 2012.

On Friday, he entered a plea of no contest in a separate case involving the same charge but a different victim. Judge Michael Traynor handed down the sentence, which will be served concurrent with the life sentence.

Scharfschwerdt reluctantly accepted the plea. When Traynor asked him if entering the plea was what he wanted to do, Scharfschwerdt hesitated for about 10 seconds before finally answering, “Yes, sir.”

There was no sentencing agreement with the state in terms of years, and Traynor issued the maximum penalty for the second-degree felony and designated him as a sexual predator.

The agreement the defense did reach with the state involved the appeal, which has been filed. If a new trial is granted in the December case, Friday’s plea and sentence will also be overturned.

With the agreement, Scharfschwerdt doesn’t lose anything because he’s already been sentenced to life. But he does avoid putting his family through another trial.

Last year, Scharfschwerdt went through a lengthy Williams Rule hearing and then a two-day trial. His own son testified during both, causing a tearful reaction from Scharfschwerdt. There was also the sentencing hearing, which brought forth family members of Scharfschwerdt and the victims.

During the Williams Rule hearing, the state presented five men who said Scharfschwerdt molested them as minors. Three testified that it happened here in St. Augustine, and two others said Scharfschwerdt used his status as a police officer or deputy in Indian River County to gain their trust and perform sex acts with them.

The Williams Rule, which is named for the 1959 case of Williams v. Florida, allows the prosecution to present “other crimes, wrongs or acts” to aid its own case.

Barger has argued that the Williams Rule should not be applied in the case against Scharfschwerdt, and that is a major part of the defense’s appeal case.

Scharfschwerdt was accused of providing alcohol and showing pornography to the boys then luring them into sex.

At the December trial, Scharfschwerdt testified that he did give minors alcohol and went swimming naked with them at his St. Augustine home. He denied having any sexual contact with any of the victims.